Landlord Advice: The Latest Changes To Tenancy Notice Periods
As a landlord, previously you may have been able to use a Section 21 Notice as a way of being able to regain possession of your property and give your tenants two months’ notice. However, with the arrival of COVID-19 and the national lockdown which was imposed, the government postponed all court proceedings and brought in longer notice periods to help protect tenants who were unable to pay their rent and could have lost their homes as a result.
With the easing of lockdown measures over the last few months, it was widely expected across the letting industry, that the traditional Section 21 two month's notice would be re-introduced. A welcome relief for landlords who may have found that they were unable to get their property back!
It was announced on 28th August 2020, that landlords must now give tenants a minimum of six months' notice before they can begin court proceedings to evict.
However, there are some circumstances when landlords may be able to regain possession of their property sooner. These are:
- anti-social behaviour (now 4 weeks’ notice)
- domestic abuse (now 2 to 4 weeks’ notice)
- false statement (now 2 to 4 weeks’ notice)
- over six months’ accumulated rent arrears (now 4 weeks’ notice)
- breach of immigration rules ‘Right to Rent’ (now three months’ notice)
The courts have advised that from the 20th September, when landlords are looking to make an application for repossession they have to include relevant information on their tenant’s circumstances and how the COVID-19 pandemic has affected the situation.
The courts have warned that if this information is not provided then they may look to adjourn proceedings.
The Government have advised that they hope these measures will help to prioritise the worst cases for landlords so that they are able to regain possession of their property as quickly as possible.
If you need further advice, please contact your agent or solicitors.